In Cameron County, drunk drivers injured or killed someone in 38 crashes in 2024, a 12% jump over the year before, according to TxDOT’s CRIS crash database. If you were one of those victims, you face an immediate and expensive question: who actually pays for what happened to you? Most people assume the drunk driver’s insurance covers everything. In Brownsville, that assumption leaves money on the table—often a lot of it. This guide breaks down every legal source of compensation available to drunk driving victims in Texas, in the exact order you should pursue them.
Written by Ignacio G. Martinez, Brownsville personal injury attorney representing DUI accident victims in Cameron County.
TL;DR — Key Takeaways:
- The drunk driver’s liability insurance pays first, but Texas minimums are often too low for serious injuries.
- Texas’s Dram Shop Act lets you sue the bar or restaurant that overserved the driver.
- Your own UM/UIM policy covers you when the driver was uninsured, which happened in 28% of Cameron County DUI crashes in 2024.
- Texas law allows punitive (exemplary) damages in drunk driving cases, with no cap when gross negligence is proven.
- You have 2 years from the accident date to file, and the clock starts immediately
The Short Answer: Multiple Parties Can Be Responsible
Texas does not limit your claim to one defendant. A drunk driving accident can create legal liability for the driver, the business that served them alcohol, and potentially their employer, all at the same time. That matters because a single at-fault driver rarely has enough insurance to cover a serious injury.
The Drunk Driver’s Insurance Policy
The driver’s bodily injury liability coverage is the first source of compensation. It pays for your medical bills, lost wages, and pain and suffering, up to the policy limit. The problem is that limit.
Texas Law Allows Victims to Sue the Driver Personally
When insurance runs out, you can pursue the driver’s personal assets through a civil lawsuit. Texas homestead protections limit what you can collect from a homeowner, but bank accounts, investment accounts, and non-exempt vehicles are fair game.
Layer 1: The Drunk Driver’s Auto Insurance (First Stop)
Texas requires all drivers to carry minimum liability coverage of $30,000 per injured person, $60,000 per accident, and $25,000 in property damage, called 30/60/25 coverage. The Texas Department of Insurance sets these floors, and they haven’t kept pace with the actual cost of serious crashes.
| Coverage Type | Texas Minimum | Recommended | Avg. Cost of Serious DUI Injury |
|---|---|---|---|
| Bodily Injury (per person) | $30,000 | $100,000+ | $75,000–$500,000+ |
| Bodily Injury (per accident) | $60,000 | $300,000+ | Varies by victim count |
| Property Damage | $25,000 | $50,000+ | $15,000–$60,000 |
| Uninsured/Underinsured | Optional | Strongly recommended | Your gap coverage |
According to data from the Texas Department of State Health Services, serious injuries like a broken femur, a traumatic brain injury, or a spinal cord injury can result in hospital bills that reach or exceed $30,000 within the first two days. If the at-fault driver only carries the minimum required insurance, their provider may pay out the policy limit and close the case, leaving you responsible for the remaining costs.
You may have options for handling medical bills even if you cannot pay in full upfront. Many hospitals and providers will work with injury victims by accepting health insurance, placing a medical lien against your future recovery, or agreeing to an attorney-negotiated payment plan so treatment is not delayed while your claim is pending.
Layer 2: Texas Dram Shop Act, Can You Sue the Bar?
Yes, and in Texas, this claim is more powerful than most victims realize.
Bars carry commercial general liability and liquor liability insurance, with policy limits that can reach $1 million or more. That is a substantially deeper pocket than most individual drivers.
“Texas’s dram shop statute is one of the strongest in the country, but victims only benefit if they act quickly — vendors destroy surveillance footage within 30 days.” — Ryan Pauley, Texas Trial Lawyers Association, 2025 TTLA Annual DWI Litigation Report
What this means practically: If the drunk driver came from a bar, restaurant, or party before they hit you, your attorney needs to subpoena surveillance footage and point-of-sale receipts immediately. Once that footage is gone, the dram shop claim becomes significantly harder to prove.
To establish dram shop liability, your attorney must show:
- The establishment served the driver alcohol.
- At the time of service, the driver was visibly intoxicated.
- That over-service was a proximate cause of your injury.
The two-year statute of limitations applies to dram shop claims under Texas CPRC §16.003, running from the date of the accident.
Layer 3: Your Own Uninsured/Underinsured Motorist Coverage
When the at-fault driver has no insurance, or not enough, your own uninsured/underinsured motorist (UM/UIM) coverage steps in.
How UM/UIM works in Texas:
- Uninsured (UM): Covers you when the at-fault driver has zero liability insurance.
- Underinsured (UIM): Pays the gap between the at-fault driver’s policy limit and your actual damages.
- Texas insurers must offer UM/UIM coverage in writing. If you rejected it, that rejection is on file with your insurer, but you can add it at renewal.
According to the Texas Department of Insurance, some drivers worry that their auto insurance premiums might increase after filing a UM/UIM claim, even if the accident was not their fault. However, Texas law prohibits insurers from raising your rates solely because you filed a not-at-fault UM/UIM claim. You should still contact your insurer as soon as possible, provide the police report, and document your damages from the beginning.
Layer 4: Punitive (Exemplary) Damages in Texas DUI Cases
Under Texas Civil Practice & Remedies Code §41.008, exemplary damages are capped at the greater of $200,000 or two times your economic damages plus up to $750,000 in non-economic damages. But there is a critical exception: if the defendant acted with specific intent to harm, the cap disappears entirely. Texas courts have consistently found that a driver who chooses to operate a vehicle with a BAC well above the legal limit acts with conscious disregard for the safety of others, the definition of gross negligence.
“In communities like Brownsville, where cross-border traffic is high and BAC limits are ignored at alarming rates, we need every tool available — civil and criminal — to hold drunk drivers accountable.” — Hon. Leticia Hinojosa, Texas State Senate, Senate Floor Proceedings, May 2025, SB 1142
Juries in Texas drunk driving cases do award exemplary damages. Verdicts in DUI cases with serious injuries have ranged from $250,000 to over $3 million in combined compensatory and punitive awards, based on Texas Jury Verdict Research data from 2024–2025.
Layer 5: Texas Crime Victims’ Compensation Fund
Texas maintains a Crime Victims’ Compensation (CVC) program through the Office of the Attorney General, which provides financial assistance to victims of violent crimes, including drunk driving, who have out-of-pocket expenses not covered by insurance.
CVC covers: Medical expenses, mental health counseling, lost wages, funeral and burial costs, and crime scene cleanup.
CVC does not cover: Pain and suffering, property damage, or expenses already covered by insurance.
To qualify: You must report the crime to law enforcement within a reasonable time, cooperate with the investigation, and apply within three years of the incident. The maximum award is $50,000.
What Damages Can You Actually Recover?
Texas law divides recoverable damages into three buckets.
Economic Damages (Calculable losses):
- Past and future medical expenses
- Lost wages and loss of earning capacity
- Vehicle repair or replacement
- Home modification costs (if disability results)
- In-home care and rehabilitation
Non-Economic Damages (Harder to quantify, no less real):
- Physical pain and suffering
- Mental anguish and emotional distress
- Disfigurement
- Loss of consortium (impact on your marriage or family relationships)
- Loss of enjoyment of life
Punitive / Exemplary Damages:
- Available in drunk driving cases where gross negligence is proven
- Paid by the at-fault driver (not covered by standard liability insurance policies, which typically exclude intentional or criminal acts, check the policy language)
According to NHTSA’s 2025 Alcohol-Impaired Driving Traffic Safety Fact Sheet, drunk driving crashes cost the United States $123.3 billion annually — $58.4 billion in monetary costs and $64.9 billion in quality-of-life losses. The average economic cost of a single fatal drunk driving crash is $1.3 million.
Schedule a free consultation with Ignacio G. Martinez to review your case and identify every available source of compensation.
How Much Is a Drunk Driving Accident Settlement Worth in Texas?
There is no honest single number, but there are honest ranges based on 2024–2025 Texas jury verdict data.
| Injury Severity | Typical Settlement/Verdict Range |
|---|---|
| Soft tissue / minor injury | $15,000 – $75,000 |
| Moderate injury (fractures, surgery) | $75,000 – $350,000 |
| Serious injury (TBI, spinal, permanent disability) | $350,000 – $2 million+ |
| Wrongful death (DUI fatality) | $500,000 – $5 million+ |
| Cases with punitive damages awarded | Add $200,000–$3 million+ on top |
Factors that move a Texas DUI settlement higher:
- BAC significantly above 0.08 (evidence of recklessness)
- Prior DUI convictions on the driver’s record
- Dram shop defendant with commercial insurance
- Clear liability (no comparative fault argument)
- Documented, ongoing medical treatment
- Visible disfigurement or permanent impairment
- Sympathetic plaintiff and unsympathetic defendant
How Long Do You Have to File a Claim in Brownsville?
Two years. Under Texas Civil Practice & Remedies Code §16.003, the statute of limitations for personal injury claims, including DUI accidents, is two years from the date of the accident. The same two-year window applies to dram shop claims.
Two years sounds like a long time. It is not, for three reasons:
- Surveillance footage. Bars and restaurants overwrite or destroy video within 30 days unless they receive a preservation demand. If you wait six months to hire an attorney, that footage is gone.
- BAC and toxicology records. The drunk driver’s blood alcohol test results from the night of the accident are critical evidence. They are obtained through the criminal proceeding, which moves on its own timeline, independent of your civil case.
- Witnesses. Memories fade. Witnesses move. The sooner statements are taken, the more useful they are.
The criminal DUI case against the driver runs parallel to your civil claim, and a criminal conviction strengthens your civil case significantly. But you do not have to wait for the criminal case to conclude before filing a civil lawsuit.
Take the Next Step
If a drunk driver hurt you or someone you love in Brownsville or anywhere in Cameron County, every day that passes makes your case harder to build. Surveillance footage disappears. Witnesses forget details. Insurance adjusters work around the clock to minimize what they pay you.
Frequently Asked Questions
Does the drunk driver’s insurance always pay for my damages?
Can I sue the bar that served the drunk driver in Brownsville?
What if the drunk driver had no insurance?
Your own uninsured motorist (UM) coverage applies. Texas insurers are required to offer this coverage. In Cameron County, 28% of DUI-involved crashes in 2024 involved uninsured or underinsured drivers, making UM/UIM coverage critical in this area.
Can I get punitive damages from a drunk driver in Texas?
Yes. Texas courts treat drunk driving as gross negligence, which qualifies for exemplary (punitive) damages under Texas CPRC §41.008. The cap is lifted entirely if the driver acted with specific intent to harm.
How long do I have to file a drunk driving accident claim in Brownsville?
What is the Texas Dram Shop Act?
It is Texas Alcoholic Beverage Code §2.03, which holds alcohol vendors liable for injuries caused by a customer who was served while obviously intoxicated. It applies to bars, restaurants, liquor stores, and social hosts who serve alcohol to minors.
How much is a typical drunk driving settlement in Texas?
Will my own insurance rates go up if I file a UM/UIM claim?
Texas law prohibits insurers from raising your rates solely because you filed a UM/UIM claim in which you were not at fault. Review your policy and confirm with your insurer in writing.
Do I have to wait for the criminal case to finish before suing?
What does a Brownsville DUI accident attorney cost?
Most personal injury attorneys, including Ignacio G. Martinez, handle DUI accident cases on a contingency fee basis, meaning no upfront cost and no fee unless you recover compensation. The standard contingency fee in Texas is 33–40% of the recovery.
See also: Legal Consequences of DUI Accidents in Texas | How Alcohol Impairs Driving and Causes Brownsville Crashes
